Bill Text: FL S0724 | 2019 | Regular Session | Comm Sub

Bill Title: Residential Swimming Pool Safety

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2019-05-03 - Died in Rules [S0724 Detail]

Download: Florida-2019-S0724-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 724
       By the Committee on Community Affairs; and Senators Hooper and
       578-03296-19                                           2019724c1
    1                        A bill to be entitled                      
    2         An act relating to residential swimming pool safety;
    3         providing a short title; amending s. 468.8323, F.S.;
    4         requiring a home inspector to include certain
    5         information relating to swimming pools in his or her
    6         report; amending s. 515.27, F.S.; requiring that new
    7         residential swimming pools meet an additional
    8         requirement in order to pass final inspection and
    9         receive a certificate of completion; prohibiting a
   10         property owner from transferring ownership of a parcel
   11         that includes a swimming pool unless certain
   12         requirements are met; providing civil penalties rather
   13         than criminal penalties; amending s. 515.31, F.S.;
   14         conforming a cross-reference; providing an effective
   15         date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. This act may be cited as “The Kacen’s Cause
   20  Act.”
   21         Section 2. Paragraph (d) is added to subsection (1) of
   22  section 468.8323, Florida Statutes, to read:
   23         468.8323 Home inspection report.—Upon completion of each
   24  home inspection for compensation, the home inspector shall
   25  provide a written report prepared for the client.
   26         (1) The home inspector shall report:
   27         (d) If there is a swimming pool, as defined in s. 515.25,
   28  any safety features, as described in s. 515.27(1), which are
   29  present.
   30         Section 3. Section 515.27, Florida Statutes, is amended to
   31  read:
   32         515.27 Residential swimming pool safety feature options;
   33  penalties.—
   34         (1) In order to pass final inspection and receive a
   35  certificate of completion, a residential swimming pool must meet
   36  at least two one of the following requirements relating to pool
   37  safety features:
   38         (a) The pool must be isolated from access to a home by an
   39  enclosure that meets the pool barrier requirements of s.
   40  515.29.;
   41         (b) The pool must be equipped with an approved safety pool
   42  cover.;
   43         (c) All doors and windows providing direct access from the
   44  home to the pool must be equipped with an exit alarm that has a
   45  minimum sound pressure rating of 85 dB A at 10 feet.;
   46         (d) All doors providing direct access from the home to the
   47  pool must be equipped with a self-closing, self-latching device
   48  with a release mechanism placed no lower than 54 inches above
   49  the floor.; or
   50         (e) A swimming pool alarm that, when placed in a pool,
   51  sounds an alarm upon detection of an accidental or unauthorized
   52  entrance into the water. Such pool alarm must meet and be
   53  independently certified to ASTM Standard F2208, titled “Standard
   54  Safety Specification for Residential Pool Alarms,” which
   55  includes surface motion, pressure, sonar, laser, and infrared
   56  alarms. For purposes of this paragraph, the term “swimming pool
   57  alarm” does not include any swimming protection alarm device
   58  designed for individual use, such as an alarm attached to a
   59  child that sounds when the child exceeds a certain distance or
   60  becomes submerged in water.
   61         (2) A property owner may not transfer, for consideration,
   62  ownership of a parcel that includes a swimming pool unless the
   63  swimming pool meets at least two of the requirements under
   64  subsection (1).
   65         (3)(2) A person who fails to equip a new residential
   66  swimming pool with at least two one pool safety features feature
   67  as required in subsection (1) or subsection (2) commits a
   68  noncriminal violation misdemeanor of the second degree,
   69  punishable as provided in s. 775.082 or s. 775.083, except that
   70  a penalty may not no penalty shall be imposed if the person,
   71  within 45 days after arrest or issuance of a citation summons or
   72  a notice to appear, has equipped the pool with at least two one
   73  safety features feature as required in subsection (1) or
   74  subsection (2) and has attended a drowning prevention education
   75  program established by s. 515.31. However, the requirement of
   76  attending a drowning prevention education program is waived if
   77  such program is not offered within 45 days after issuance of the
   78  citation.
   79         Section 4. Subsection (1) of section 515.31, Florida
   80  Statutes, is amended to read:
   81         515.31 Drowning prevention education program; public
   82  information publication.—
   83         (1) The department shall develop a drowning prevention
   84  education program, which shall be made available to the public
   85  at the state and local levels and which shall be required as set
   86  forth in s. 515.27(3) s. 515.27(2) for persons in violation of
   87  the pool safety requirements of this chapter. The department may
   88  charge a fee, not to exceed $100, for attendance at such a
   89  program. The drowning prevention education program shall be
   90  funded using fee proceeds, state funds appropriated for such
   91  purpose, and grants. The department, in lieu of developing its
   92  own program, may adopt a nationally recognized drowning
   93  prevention education program to be approved for use in local
   94  safety education programs, as provided in rule of the
   95  department.
   96         Section 5. This act shall take effect October 1, 2019.